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Chesterfield |
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Code of Ordinances |
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Code of Ordinances |
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Chapter 76. Zoning |
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Article XV. Zoning Board of Appeals |
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76-612. Jurisdiction. |
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The board of appeals shall have the following powers and it
shall be its duty:
(1)
To hear and decide appeals where it is alleged there is error of
law in any order, requirement, decision or determination made by the
building administrator or planning commission in the administration
or enforcement of this chapter.
(2)
To grant variances from the provisions of this chapter as may be
in harmony with its general purpose and intent so that the function
of this chapter be observed, public safety and welfare secured, and
substantial justice done, including the following:
a.
Interpret the provisions of the chapter in such a way as to carry
out the intent and purpose of the plan, as shown upon the Zoning Map
fixing the use districts, accompanying and made part of this chapter,
where street layout actually on the ground varies from the street
layout as shown on said map.
b.
Permit the erection and use of a building or land for public utility
purposes and make exceptions, therefore, to the height and bulk district
requirements herein established which said board considers necessary
for the public convenience or welfare.
c.
Permit the modification of the automobile parking space or loading
space requirements where, in the particular instance, such modification
will not be inconsistent with the purpose and intent of such requirements.
d.
Permit such modification of the height and area regulations as may
be necessary to secure and appropriate improvement of a lot which
is of such shape, or so located with relation to surrounding development
or physical characteristics, that it cannot otherwise be appropriately
improved without such modification.
e.
Permit modification to setback, location, site or building requirements
when sponsored by the planning commission for a specific proposal
that benefits the township by providing better design or efficient
use of the site or results in a more creative development. (All fees
are to be paid by the applicant.)
f.
Permit phasing of site plan improvements where the required improvement
costs are relatively high in relation to the total cost of the development
or addition. Planning commission recommendations shall be required,
together with a bond in the amount of the deferred improvements.
g.
Permit temporary buildings and uses in conformance with section 76-616.
h.
Permit a carnival, outdoor circus or migratory amusement enterprise
in an area in the "C-2" and "C-3" or "M-1" district, provided that
attached to the application for a permit shall be a letter of consent
from the owner of the property to be used for such purpose; also an
affidavit that such location is a minimum distance of 500 feet from
any existing concentration of residential buildings and a distance
of 50 feet from any street or road right-of-way. The use shall be
for a period not to exceed three weeks.
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| Ord. No. 110, § 15.01, eff. 11-1-1996; Ord. No. 110-96, § II, 7-6-2010 |